BY-LAWS
BY-LAWS
OF CALIFORNIA CITY POST
NO 476 _
PREAMBLE
For
God and Country, we associate ourselves together for the following purposes:
To
uphold and defend the Constitution of the United States of America; to maintain
law and order; to foster and perpetuate a one hundred percent Americanism; to
preserve the memories and incidents of our associations in the Great Wars; to
inculcate a sense of individual obligation to community, state and nation; to
combat the autocracy of both the classes and the masses; to make right the
master of might; to promote peace and good will on earth; to safeguard and
transmit to posterity the principles of justice, freedom and democracy; to
consecrate and sanctify our comradeship by our devotion to mutual helpfulness.
Section
1 The name of this organization shall be:
CAL CITY
POST
NO. 476
THE
AMERICAN LEGION, Department of California, located at:
Hereinafter
referred to as "Post".
Section
1. The objects and purposes of this Post shall be to promote
the principles and policies as set forth in the foregoing Preamble, and in the
Articles of Incorporation of this Post, and in the National and Department of
Constitutions of The American Legion.
Section
1. This Post is a civilian organization and membership therein
does not affect or increase liability for military or police service. Rank does
not exist in the Post. No member shall be addressed by his military or naval
title in any meeting of this Post.
Section
2. This Post shall be absolutely non-political and shall not
be used for the dissemination of partisan principles nor for the promotion of
the candidacy of any person seeking public office or preferment.
Section
3. Each member shall perform his full duty as a citizen.
ARTICLE IV -MEMBERSHIP
Section
1. The
Eligibility Qualifications for this Post shall be those dates and conditions
set forth in the National Constitution and By-Laws of the American Legion.
Section
2. There
shall be no form or class of membership, and dues shall be paid annually or for
life.
Section
3. No person
may be a member at any time of more than one Post.
Section
4. All
applications for membership shall be referred to the membership Committee which
shall, at each regular meeting of the Post, report upon all applications
received during or after the next previous regular meeting. A majority vote of
those present and voting shall elect or reject a candidate. There shall be no
time limitations on reapplication for membership by a rejected applicant.
Section
5. No person who
has been expelled by a Post, shall membership in this Post, and shall be
ineligible for membership until such permission is granted.
Section
1.
(a)
The officers of this Post
shall be the Commander, the First Vice-Commander, the Second Vice-Commander,
the Adjutant, the Finance Officer, the Historian, the Sergeant-at-Arms,
Chaplain, Judge Advocate and Service Officer. The Post may also have a Third
Vice-Commander, Assistant Adjutant and an Assistant Sergeant-at-Arms.
(b) The
elective officers of the Post shall be the Commander, First Vice-Commander,
Second Vice-Commander, ________________________,
______________________________,
_______________________________,
____________________________________ .
(c)
The following officers may be appointed by the
Commander:
(1)
Adjutant, (2) Finance Officer,
(3) Historian, (4) Sgt-at-Arms
(5) Chaplin, (6) Judge Advocate, (7)
Service Officer, and at least three Members to the Executive Committee.
(d) Any other officer other than the Commander
and Vice-Commanders may hold two or more of the above offices.
Section 2 Nomination for elective officers shall be held during the
first Thursday regular meeting in May of each year and announcement thereof
shall be made by the Adjutant at the previous regular meeting.
Section 3.
(a) All elective officers shall be
elected for a term of one year at a regular meeting during poling hours on the
third Thursday of May, providing this date is at least twenty (20) days prior
to the opening of the Annual Department Convention. These elective officers are to be installed impressively,
preferable by a ritual team, in accordance with the “Prevailing Manual of
Ceremonies,” in effect at that time prior to July 1 of that year. All elected officers will be in office for
the Post’s fiscal year July 1 thru June 30 of the following year. The Executive Committee shall be appointed
for a term of one year, two years, or three years provided at least one-third
of the Executive Committee shall be appointed in each Post fiscal year.
(b) All elections shall be by written,
secret ballot and a majority of all votes cast shall be necessary to elect the
Commander and Vice-Commander. The other officers and Executive Committeemen
shall be elected by a plurality vote.
Section 4. Every member of this Post in good
standing shall be eligible to hold office in this Post, and there shall be no
limiting qualifications.
Section 5. The duties of officers and the
Executive Committee shall be those usually pertaining to such officers or
members, and as further provided for in these By-Laws.
Section 6.
(a) All vacancies in the elected
officers shall be filled by a secret ballot during polling hours as determined
at a members’ regular meeting following the vacancy, provided that a notice of
election shall have been given at the members’ regular meeting immediately
preceding the election meeting.
(b) Any Post officer or member of the
Post Executive Committee who is absent for three consecutive meetings of the
Post and/or the Executive Committee without being excused by the Post
Commander, or Executive Committee within 24 hours immediately preceding or
following said meeting, shall have his (her) office declared vacant by a
majority of those present at a regular members’ meeting. The vacancy shall be filled as provided for
in Article V, Section 6 (a).
Section 7. The office of Finance Officer and
any other offices and/or positions charged by the Post Constitution and By-Laws
with the responsibility of handling Post funds shall be bonded under a blanket
bond to be purchased from Department Headquarters and billed to the respective
Posts at cost.
Section
1
(a) No
appropriation shall be made without first referring the cause to the Finance
Committee for consideration thereof. All bills shall be referred to the
Executive Committee for consideration and approval before payment, if possible
with the exception of usual, normal operating expenses. If not, these bills
should be approved at the next Executive Committee meeting. The Executive
Committee shall prescribe, in general, the procedures for financial record
bookkeeping.
Section
1. This Post
recognizes an auxiliary organization to be known as Auxiliary Unit of 476, Post
No.476, The American Legion, Department of California.
Section
2. Membership in
the Auxiliary shall be as prescribed by Constitution of The American Legion.
Section
1. Opening and
closing of meetings, initiation of new members, and installation of officers,
shall be conducted as prescribed and approved by the National Convention of The
American Legion in Kansas City, 1921, with subsequent amendments adopted and
approved by later conventions.
Section
2. Roberts'
Rules of Order, Revised, shall govern the conduct of meetings except as may be
otherwise provided in these By-Laws.
Section
1. The
Executive Committee shall consist of 9 appointed officers in addition to the
Commander, lst Vice-Commander, 2nd Vice-Commander, and the Adjutant who will
act as the Secretary to the Executive Committee.
(a) The Executive Committee shall consider all
matters affecting the Post, and shall make recommendations to the Post at a
regular members' meeting for approval by the members of the Post.
(b) Minutes of the Executive Committee shall be
read at the next regular members' meeting.
Section
3. The
Commander, Vice-Commanders and Adjutant shall be chairman, vice- chairmen and
secretary, respectively, of the Executive Committee.
Section
1. The
regular meetings of this Post shall be held on:
lst
Thursday of each month at the Post Home 8108 Bay Ave.
California City or a place to be designated by the Post.
Section
2. A special
meeting of the Executive Committee can be called by the Commander or any five
members of the Executive Committee at least once during each half of each
fiscal period of the Post or as deemed necessary. All meetings shall be held at
a time and place designated by the Commander EXCEPT
(1) That if a meeting is called by five members
of the Executive Committee and the Commander refuses or fails for ten days
after notice of such call to designate a time and place for such meeting, the
five members of the Executive Committee by unanimous action may designate such
time and place.
Section
3. The Post at
any meeting may consider and pass upon any matters regardless of whether such
matters have been previously considered by the Executive Committee.
Section
4. A
quorum at all meetings shall consist of 5 members
Section
5. The
Executive Committee shall meet regularly on the 3rd Thursday of each
month at the Post home.
Section
6. No
member shall take part in any Post meeting or election unless he is in good
standing.
Section
7. No member
shall be represented or shall vote by proxy.
There shall be no voting by absentee balloting.
ARTICLE
XI -DUTIES OF OFFICERS
Section
1. Duties
of Post Commander - It shall be the duty of the Post Commander to preside
at all meetings of the Post, and to have general supervision over the business
affairs of the Post, and such officer shall be the, chief executive officer of
the Post. He shall perform such other duties as directed by the Post.
Section
2. Duties
of First Vice-Commander - The First Vice-Commander shall assume and
discharge the duties of the office of Commander in the absence disability of,
or when called upon by the Post Commander.
Section
3. Duties
of the Second Vice-Commander - The Second Vice-Commander assume and
discharge the duties of the office of the First Vice-Commander absence or
disability of such officer, and shall perform such other duties directed by the
Post.
Section
4. Duties
of Post Adjutant - The Adjutant shall have charge of and full and correct
records of all proceedings of all meetings, and under direction of the Post
Commander handle all correspondence of the Post.
Section
5, Duties
of Finance Officer - The Finance Officer shall be charged with the custody
of the funds of the Post, He shall keep its accounts and report thereon at
regular meetings of the Post, He shall receive all funds of the Post and pay
all bills approved by the Post. He shall be bonded under a blanket bond to be
procured from the Department Headquarters and paid for by the Post,
Section
6. Duties
of Post Historian - The Post Historian shall be charged with the individual
records and incidents of the Post and Post members, and shall perform such
other duties as directed by the Post or the Executive Committee.
Section
7. Duties
of Post Judge Advocate - The Post Judge Advocate's duties shall be to
advise the Post Officers on the construction and interpretation of the Post's
By-Laws and to perform such other duties as are usually incident to the office.
Section
8. Duties
of Post Chaplain - The Post Chaplain shall be charged with the spiritual
welfare of the Post comrades and will offer divine but non-sectarian service in
the event of dedications, funerals, public functions. etc., adhere to such ceremonial
rituals as are recommended by the National or Departmental Headquarters from
time to time.
Section
9. Duties
of Sergeant-at-Arms - The Sergeant-at-Arms shall preserve order at all
meetings and shall perform such other duties as may be from time to time
assigned to him by the Post.
Section
10. Duties
of Service Officer - The Service Officer is responsible for bringing to the
attention of all Veterans and their dependents the rights and benefits granted
them by law. He must know how to utilize the services available through Legion
channels and to make certain that every Veteran and his/her dependents are
adequately represented.
ARTICLE
XII - DUES. FEES AND FUNDS
Section
1. The dues
and fees of this Post shall be set by approval of membership at the first
regular Post meeting in October annually,
Section
2. From such
dues, fees and funds, the Post shall pay all taxes, assessments, or other
expenditures that the Post shall approve.
Section
3. "The
dates for Delinquency, Suspension, and Expulsion from this Post shall be those
dates set forth in Article IV, Sect. 4 of the By-laws of the National
Constitution and By-laws of The American legion,"
ARTICLE
XIII -DELEGATES AND REPRESENTATIVES
Section
1. The
delegates and alternates to represent the Post at Department Conventions shall
be elected at a regular meeting of the members of the Post by vote of those
present and voting. The election shall be held at least twenty (20) days before
the Department Convention convened. The time and place for holding the election
must be announced by the Post Commander one regular meeting in advance of the
election.
ARTICLE
XIV -APPOINTMENTS
Section
1. The Post
Commander, immediately upon taking office each year, shall appoint a Finance
Committee and such other committees as shall be found necessary. Standing
Committees shall consist of such members as may be determined by the Post and
the chairman thereof shall be designated by the Post Commander.
Section
2. Each Post
shall keep books of account and shall cause said books to be examined by a
licensed accountant or a committee of three (3) competent persons, one of whom
shall be the Commander, Adjutant, Finance Officer or any other person charged
with the responsibility of handling Post funds. Such examination shall be made
within ninety (90) days following installation of Post Officers, and for the
period of the immediate preceding fiscal year of the Post, said fiscal year
shall be determined by the Post. Each Post shall certify to the Department Adjutant
prior to December lst each year that such an examination has been made and file
the original therefore with the Department Adjutant before the said date, with
a copy thereof to the District Commander of the District of said Post. The
Department Commander, the Post Commander, or the Post Executive Committee, may
order an audit of the books of account at such other times during the current
year as may be deemed advisable. Failure of the Post to meet any of the
requirements of this section within said times or any general or special
extension thereof, shall be deemed a delinquency and the delegates of such Post
shall not be entitled to be accredited at the Department Convention. The
certification to the Department Adjutant and the examination may be put on
forms furnished by the Department Adjutant's office.
Section
3. Membership
Committee - The 1st Vice-Commander shall have charge of all matters
pertaining to the membership of the Post including the recruiting of new
members, reinstatement of members, eligibility of members, etc. His
responsibilities and actions are subject to the approval of the Post.
Section
4. Finance
Committee - The Finance Committee shall be charged with the administration
of the financial policy, preparation of an annual budget with recommendations,
and supervisions of receiving, disbursing, and account of all Post funds.
ARTICLE
XV -TRIALS
Section
1. Members
of this Post shall be subject to disciplinary action as provided in the Trial
Manual of the Department of California as adopted, and as the same may be
amended from time to time hereafter. A copy of the verdict, certified by the
Post Commander and Post Adjutant, shall forthwith be forwarded to the
Department Adjutant.
ARTICLE
XVI -RECALL PROVISION
Section
1. A petition,
signed by ten percent of the membership in good standing requesting the holding
of an election for the purpose of recalling an elective officer or a member of
the Executive Committee may be filed at any time with the Adjutant. The
Adjutant shall, within five (5) days after filing said petition, compare the
signatures on said petition with the signatures on the applications of the
respective signers on file in the Post records. The adjutant shall deliver the
said petition and his report on the correctness of the signatures to the
Executive Committee shall fix the date for the recall election, which date
shall be fixed for a regular meeting of the Post to be held not less than two
weeks nor more than six weeks after the meeting of the Executive Committee. If
the report of the Adjutant shall show less than ten percent of the membership
have signed, said petition shall be forthwith returned to the member who filed
the same with the Adjutant who shall then have ten days thereafter to obtain
the required number of valid signatures, and refile said petition with the
Adjutant who shall recheck with his records and resubmit the same to the
Executive Committee at its next meeting thereafter with his report. If the
petition is then found sufficient, the recall election shall be fixed as set
forth above.
Section
2. Notice
of the date. time and place of holding the recall election shall be mailed
to each member of the Post in good standing at his address as the same appears
in the Post records, at least ten (10) days before the election.
Section
3. All recall
elections shall be conducted by written secret ballot
Section
4. At the
election, the ballot shall read as follows:
"Shall
_______________________________________________be recalled?”
(Name of Officer or member of the Executive Committee)
YES
____________________
NO
____________________
Section
5. If an
elected officer shall be recalled, the Post, at its next regular meeting, shall
elect a successor to fill the unexpired term. Nominations shall be held the
same night as election. The person recalled shall not be eligible as a
candidate for election to fill the vacancy,
ARTICLE
XVIII -AMENDMENTS
Section
1. Proposed
amendments to these By-Laws must be submitted in writing at a regular meeting of
the Post, and read thereat. At the next regular meeting, or subsequently if
postponed, the proposed amendment may be adopted by a two thirds affirmative
vote of those present and voting.
(a) These By-Laws shall be amended to conform to
any changes in the National or Department Constitution and By-Laws. Failure of
the Post to adopt the required amendments shall not delay or modify the effect
of such changes.
(b) Any amendment initiated by the Post shall
not be in final force or effect until approved by the Constitution and By-Laws
Commission of the Department, but shall be temporarily enforced pending action
thereon if not in conflict with the Constitution and By-Laws or adopted policy
of The American Legion, or the Department of California, The American Legion.
******************************************************************************
THE
ARTICLES OF INCORPORATION FOR THIS POST ARE ON FILE WlTH THE SECRETARY OF
STATE, UNDER DATE OF 1-23-1973
POST
NAME -____CAL CITY _________________________________NO
____476 ______
CORPORATE
NO. _________673268 _____________
******************************************************************************
CERTIFICATIOtl
Above
the signatures of the Commander and Adjutant, certify to the following:
"We hereby certify that the above
By-Laws were read at two meetings, and adopted on _____________ a quorum being present, and-by a two-thirds vote
of those present and voting."
(Date)
First reading ______11/1/90________
(Give Date)
Second
reading and adoption ____12/6/90______ (Give
Date)
Signed ______________________________ Signed _____________________________
Post Commander
Post Adjutant
Similar certification
in the event of any subsequent amendments is required.
These By-Laws or any amendments thereto must be
sent in DUPLICATE to Department Headquarters. One copy is kept in Department
Headquarters' files, and the original returned to the Post for their files,
after having been approved by the Constitution and By-Laws Chairman.